495 & 495A, Construct new garage with encr, Resolutions & Approval ConditionsRECORDING REQUESTED BY AND MAIL -TO:
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
JAN 05 1994
CITY OF ROELikG° -HTLi, s
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Use
Please record this form with the Registrar -Recorder's Office and
return to: City of Rolling Hills, 2 Portuguese Bend Road
Rolling Hills, CA 90274
(The Registrar -Recorder's Office requires that the form be
notarized before recordation).
ACCEPTANCE FORM
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss
ZONING CASE NO. 495A SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described
follows:
as
6 Williamsburg Lane (Lot 38-RH)
Rolling Hills, CA
This property is the subject of the above numbered cases.
I am (We are) aware of, and accept, all the stated conditions in
said
ZONING CASE NO.
495A
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
I (We) certify (or declare) under
foregoing i _true and correct.
Print
Owner/► .� c
Name
Sig ature
Ad ress ' eff} i it tc c
City/State , �1" t�
the penalty of perjury that the
Print
Owner irl rn.
Name
jj Signature
Address
c CI. city/state 4/e. b//f 1121
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Signatures must be acknowledged by a notary public.
State of
County of
0
VICKIE JO GEHRKE
COMM, it 991698
a , Notary Public California
LOS ANGELES COUNTY
-•4,Z•°• My Comm. Expires APR 18, 1997
}SS.
On this thc day of
the undersigned Notary Public, personally appeared
7 /mot/ , Jam/ `4d,61 4 G!'1 bt
- personally known to me
0 proved,to me on the basis of satisfactory evidence
to be the person(s) whose name(s)
within instrument, and acknowledged that
WITNE S my hand and official seal.
Notary"'s Signature
199 , before me,
subscribed to the
executed it.
See Exhibit "A" attached
hereto and made a part hereof
RESOLUTION NO. 93-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE FOR THE ENCROACHMENT
OF A GARAGE INTO THE FRONT YARD SETBACK AT AN EXISTING SINGLE
FAMILY RESIDENCE IN ZONING CASE NO. 495A.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE. AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Mr. and Mrs.
Nicholas Hornberger with respect to real property located at 6
Williamsburg Lane, Rolling Hills (Lot 38-RH) requesting a Variance
to allow the encroachment of a garage into the front yard setback
and a request for Site. Plan Review to construct substantial
additions to an existing single family residence.
Section 2. The Planning Commission conducted a duly noticed
public hearing to consider the application for a Variance into
allowable setbacks and a Site Plan Review on April 27, 1993, May
18, 1993, June 15, 1993, July 20, 1993, August 17, 1993, September
21, 1993 and October 26, 1993. The Commission also conducted field
trip visits on May 6, 1993 and July 15, 1993. During the hearing
process, plans were revised to eliminate the substantial additions
requiring Site Plan Review.
Section 3. The Planning Commission finds that the project is
categorically exempt from environmental review under the California
Environmental Quality Act pursuant to a Class 3 exemption provided
by Section 15303 of the State CEQA Guidelines.
Section 4. Section 17.38.010(A)Y permits approval of a
Variance from the standards and requirements of the Zoning
Ordinance when exceptional orextraordinary circumstances
applicable to the property and not applicable to other similar
properties in the same zone prevent the owner from making use of a
parcel of property to the same extent enjoyed by similar
properties. A Variance to Section 17.16.110 is required to permit
the encroachment, of a 583 square foot garage addition eighteen (18)
feet within the fifty (50) foot required front yard setback. With
respect to this requested resolution, the Planning Commission
finds:
A. There are exceptional and extraordinary circumstances
and conditions applicable to the property and the existing use that
do not apply generally to the other property in the same vicinity
and zone. The Variance is necessary because there exists
topographical constraints that justify the encroachment, in that
there is not sufficient flat area in the rear of the lot to
accommodate the development and grading will be minimized if the
structure is oriented closer to the front of the lot.
B. The Variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other
RESOLUTION NO. 93-34
PAGE 2
property in the same vicinity and zone, but which is denied the
subject property. The amount of encroachment into the front yard
setback is similar to the amount of encroachment existing on other
neighboring properties along Williamsburg Lane.
C. Granting this variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in the vicinity and zone in which the property is
located. Permitting the encroachment will allow a substantial
portion of the lot to remain undeveloped.
Section 5. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance to encroach into the front
yard setback to permit an encroachment up to a maximum of 18 feet
into the front yard to construct a garage addition as indicated on
the Development Plan attached hereto as Exhibit A subject to the
conditions contained in Section 6.
Section 6. The Variance to the front yard setback for the
encroachment of a garage addition as approved in Section 5 is
subject to the following conditions:
A. The Variance shall expire unless used within one year
from the effective date of approval as defined in Section 17.38.070
(A)(1) of the Municipal Code.
B. It is declared and made a condition of the Variance
approval, that if any conditions thereof are violated, the Permit
shall be suspended and the privileges granted thereunder shall
lapse; provided that the applicant has been given written notice
to cease such violation and has failed to do so for a period of
thirty (30) days.
C. All requirements of the Zoning Ordinance and of the zone
in which the subject property is located must be complied with
unless otherwise set forth in the Permit, or shown otherwise on an
approved plan.
D. The lot shall be developed and maintained in substantial
conformance with the development plan on file marked Exhibit A
except as otherwise provided in these conditions. The proposed
garage addition shall not encroach more than 18 feet into the front
yard setback.
E. Building permits shall be obtained to remove the attic
storage area window at the north side of the house that was
illegaly constructed. The converted attic space shall be
reconverted to non -habitable space and such area shall be modified
in all other respects to City staff approval, so as not to
constitute a second story. Removal of the north attic storage area
window and the conversion of the attic space to non -habitable space
RESOLUTION NO. 93-34
PAGE 3
shall occur and be completed within six (6) months of the approval
of this resolution.
F. Building permits shall be obtained for the deck and
residential additions situated at the rear of the residence that
were illegaly constructed, and such work shall be lawfully
completed within six (6) months of the approval of this resolution.
G. Existing landscaping located between the house and
Williamsburg Lane shall be preserved and maintained, to the maximum
extent feasible.
H. Prior to the submittal of an applicable finalgrading
plan to the County of Los Angeles for plan check, a detailed
grading and drainage plan with related geology, soils and hydrology
reports that conform to the Development Plan as approved by the
Planning Commission must be submitted to the Rolling Hills Planning
Department staff for their review. Cut and fill slopes must
conform to the City of Rolling Hills standard of .2 to 1 slope
ratio.
I. The project must be reviewed and approved by the Rolling
Hills Community Association Architectural Review Committee prior to
the issuance of any building or grading permit.
J. The working drawings submitted to the County Department
of Building and Safety for plan check review must conform to the
development plan approved with this application.
K. Any modifications to the project which would constitute
a modification to the development plan as approved by the Planning
Commission shall require the filing of an application for
modification of the Zoning Case.
L. The applicant shall execute an Affidavit of Acceptance
of all conditions of this Variance, pursuant to Section 17.38.060,
or the approval shall not be effective.
M. All conditions of this Variance approval must be
complied with prior to the issuance of a building or grading permit
from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED 6TH DAY OF NOVEMBER, 1993.
ALLAN ROBERTS, CHAIRMAN
RESOLUTION NO. 93-34
PAGE 4
ATTEST:
k
MARILYN KERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) ss
I certify that the foregoing Resolution No. 93-34 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE FOR THE ENCROACHMENT
OF A GARAGE INTO THE FRONT YARD SETBACK AT AN EXISTING SINGLE
FAMILY RESIDENCE IN ZONING CASE NO. 495A.
was approved and adopted at a regular meeting of the Planning
Commission on November 16, 1993 by the following roll call vote:
AYES:
Commissioners Frost, Hankins, Raine and Chairman Roberts
NOES: None
ABSENT: None
ABSTAIN: Commissioner Lay
and in compliance with the laws of California was posted at the
following:
Administrative Offices
EPUTY CITY CLERK